Related News and Opinion

Indiana Supreme CourtBrian Yost v. Wabash College, Phi Kappa Psi Fraternity- Indiana Gamma Chapter at Wabash College,
Phi Kappa Psi Fraternity, Inc., and Nathan Cravens
54S01-1303-CT-161
Civil tort. Reverses grant of summary judgment for the campus fraternity but affirms summary judgment for the college and
national fraternity organization in the personal injury action brought by a fraternity pledge seeking damages for injuries
sustained in an incident at the Phi Kappa Psi fraternity house. Holds that the designated evidence shows that there is no
genuine issue as to any material fact and that Wabash College and the national fraternity, Phi Kappa Psi Fraternity, Inc.,
are each entitled to summary judgment as a matter of law, but that as to the local fraternity, Phi Kappa Psi Fraternity –
Indiana Gamma Chapter at Wabash College, there remain genuine issues of material fact that preclude summary judgment. Justice
Rucker concurs in part and dissents in part. Remands for further proceedings.

Indiana Court of AppealsState of Indiana, acting on behalf of the Indiana Family & Social Services Administration v. International
Business Machines Corporation
49A02-1211-PL-875
Civil plenary. Reverses finding that there was no material breach by IBM, but affirms award of $40 million in assignment
fees and $9,510,795 in equipment fees to IBM. Affirms the trial court’s denial of deferred fees to IBM, reverses the
trial court’s award of $2,570,621 in early termination close out payments and $10,632,333 in prejudgment interest to
IBM, and remands the case to the trial court to determine the amount of fees IBM is entitled to for Change Orders 119 and
133. Remands the case to the trial court to determine the state’s damages for IBM’s material breach of the contract
and to offset any damages awarded to IBM. Judge Friedlander concurs in part and dissents in part.

Wendy Thompson v. State of Indiana
61A01-1305-CR-207
Criminal. Affirms convictions and seven-year consecutive sentence for four counts of Class D felony operating a motor vehicle
with a blood-alcohol concentration of at least 0.08 causing serious bodily injury. This Class D felony is a “crime of
violence” within the meaning of I.C. 35-5-1-2(a), so her sentence does not exceed the maximum allowable under the consecutive-sentencing
statute. Finds her sentence appropriate in light of the nature of the offenses and her character.

Rodregus Morgan v. State of Indiana
49A02-1304-CR-386
Criminal. Reverses conviction of Class B misdemeanor public intoxication. Holds the challenged portion of Indiana’s
public intoxication statute is unconstitutionally vague as it neither requires that a defendant specifically intended to annoy
another, nor does it employ an objective standard to assess whether a defendant’s conduct would be annoying to a reasonable
person. Affirms conviction of Class B misdemeanor disorderly conduct.

Larry Edward Flick v. Jewell Reuter
47A01-1303-PL-135
Civil plenary. Reverses summary judgment for Reuter on claims of adverse possession, prescriptive easement and trespass.
Reuter is unable to prove she paid taxes on the land since 1988. Affirms awarding her nearly $30,000 in damages caused by
Flick in his attempts to evict her from the land he purchased in a foreclosure sale.